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HomeMy WebLinkAbout007 - 02/04/2025 - AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE SOIL LOOSENING AND AMENDMENT R"' I ORDINANCE NO. 007, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE SOIL LOOSENING AND AMENDMENT REQUIREME NTS A.The City has historically imposed certain requirements related to the loosening of soil areas and incorporation of appropriate soil amendments in areas to be planted in order to, among other things, enhance soil water storage capacity, improve conditions for plant growth, increase water infiltration, and reduce water runoff. B.Such requirements are located in Chapter 12, Division 2 of City Code. C.Pursuant to City Council priority 14 (Effective soil amendment policies and compliance (water usage)) of the 2021-23 Council Priorities and direction from City Council at a January 10, 2023, work session, City staff completed a review of such existing requirements. D.City staff have proposed revisions to such requirements as set forth below. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 12, Article VII., Division 2 of the Code of the City of Fort Collins is hereby deleted in its entirety and replaced with the following: Division 2 -Soil Loosening and Amendment Sec. 12-130. -Purpose. The provisions of this Section are intended to enhance soil water storage capacity, improve conditions for plant growth, increase water infiltration, reduce water runoff, and improve stormwater quality. Sec. 12-131. -Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section: Certificate of occupancy shall mean a certificate of occupancy as described in the building code of the City as adopted in Chapter 5, Article II, Division 2, or any other document issued by the City to authorize occupation of new improvements constructed pursuant to a building permit. Plant materials shall mean living vegetation. -1- diameter of the planted root ball and minimum of six (6) feet extending radially from the tree trunk and loosened to a depth equivalent to the root ball; (2)Soil shall not be loosened within a certain distance from the face of existing trees based on the tree trunk's diameter at breast height as set forth in the following table; and Tree Trunk O" to 10" to 14" 15" to 19" Over 19" Diameter at Breast 9" Height (Inches) Area From Face of 5' 10' 12' 15' Tree with No Soil Loosening /feet) (3)In any areas where existing vegetation remains and was not compacted or disturbed from construction or related activities, the soil shall only be loosened with an aeration or no-till method. (c)Soil Amendment Standards. (1)Except as provided in this subsection (c) or pursuant to§ 12-134, in any location where plant materials are expected or intended to be installed, the soil shall be amended at a rate of at least three (3) cubic yards of soil amendment over one thousand (1,000) square feet, which shall be well mixed into the top four (4) inches of the soil. (2)Soils amendments shall not be required for the following: a.In areas where new or existing trees are located, and no other vegetation will be under the tree canopy; b.In areas where Low Impact Development stormwater quality infrastructure is located; or c.Existing soils that are topsoil, as proven by soil testing. Such topsoil may be stripped and stored using Topsoil Stockpiling Practices for reapplication to the site. When reapplied, at least four inches of reclaimed topsoil shall be applied. Sec. 12-133 Compliance. (a)The requirements of this Division shall be met prior to the issuance of any certificate of occupancy. Except as provided in § 12-134, no certificate of occupancy shall be issued until compliance is established pursuant to this Subsection. -3- (b)Proof of compliance shall be submitted to the Utilities Executive Director, and shall include documentation of the completion of the soil loosening and amendment requirements of this Division and any soil testing results and related documentation, if applicable. The Utilities Executive Director may establish forms for this purpose. (c)The Utilities Executive Director may enter any property subject to this Division for the purpose of evaluating whether the property is in complia nce. (d)The Utilities Executive Director shall review the proof of compliance and, in writing, approve, approve with conditions or deny that the soil loosening and amendment requirements of this Division have been met. Sec. 12-134 Variance Procedure for Soil Loosening and Amendment Requirements. ( a)Notwithstanding the provisions of this Division, pursuant to this section, the Utilities Executive Director may grant variance requests to modify: the soil loosening standards of § 12-132(b); the soil amendment standards of § 12-132(c); and the compliance deadline of§ 12-133(a). (1)An applicant seeking such a variance shall complete and file with the Utilities Executive Director an application accompanied by any required filing fee as determined by the Utilities Executive Director. The Utilities Executive Director shall prepare a form of such application identifying for the applicant all of the necessary information for the Utilities Executive Director to evaluate the variance request, which shall include, at minimum, an analysis of the requested variance. (2)The Utilities Executive Director may perform any appropriate investigations regarding the application, including requests for additional information from the applicant. If the Utilities Executive Director finds that all of the following conditions are met, the Utilities Executive Director may grant a variance request, subject to terms and conditions, to modify the soil loosening standards of § 12-132{b), the soil amendment standards of § 12-132(c) or the compliance deadline of § 12- 133(a) as applied to a particular property: a.The variance is appropriate based on all known facts, will substantially further the purposes of this Division, and is in the best interests of the City; b.Where the variance request is to modify the soil loosening standards of§ 12-132{b) or the soil amendment standards of§ 12-132(c) for the particular property, the modification is needed to address unique soil, hydrological, or topographical conditions of the property; or to facilitate native plants; and -4- c.Where the variance request is to modify the compliance deadline of §12-133(a), the modification is needed due to weather or seasonal conditions, labor shortages, or needs of the plant materials to be installed. (3)If the variance request is granted, the variance shall be set forth in the writing and shall include any terms and conditions the Utilities Executive Director deems appropriate to further the purposes of this Division. If the variance includes a modification of the soil loosening standards of§ 12-132(b) or the soil amendment standards of§ 12-132(c), the modified standards shall be stated. If the variance includes a modification of the compliance deadline of§ 12-133(a), a new deadline shall be stated and terms and conditions may include the City's right to withhold other permits sought by the applicant until the particular property is in compliance with the variance. Failure of the applicant to comply with a granted variance shall be deemed a violation of City Code pursuant to § 1-15. (4)In the event the variance request is denied, the Utilities Executive Director shall notify the applicant in writing of the denial and state the reasons therefor. Introduced, considered favorably on first reading on January 21, 2025, and approved on second reading for final passage on February 4, 2025. ATTEST: J�au::J ity Cl Effective Date: February 14, 2025 Approving Attorney: Eric Potyondy -5-